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- A Retreat shop owner slapped with a municipal bylaw contravention in 2021 claimed the City enforces compliance notices only on “the few”.
- Leon Adams said his ordeal began when he applied to have a “stoep” extension to his shop in Sibelius Avenue, Retreat.
- However, in January 2021, when Adams applied to have a stoep added to the front of his shop the City “discovered” the building was not zoned for business/commercial use, which he found hard to believe.
A Retreat shop owner slapped with a municipal bylaw contravention in 2021, forcing him to close shop for more than three years, claimed the City enforces compliance notices only on “the few”, while others are left to do as they please.
Speaking to People’s Post, Leon Adams said his ordeal began when he applied to have a “stoep” extension to his shop in Sibelius Avenue, Retreat.
“I bought the shop in 2006, and in the same year I built a top section as a recreational centre/church because we taught music to the youth. The municipal building inspector had no problem with extending the top section for a recreational/church space.”
However, in January 2021, when Adams applied to have a stoep added to the front of his shop the City “discovered” the building was not zoned for business/commercial use, which he found hard to believe.
“Since I’ve been in this building I’ve paid business and commercial rates, so I don’t understand how it could be zoned for residential use.
“My impression was that this building is zoned for business because there have always been shops in this building for the past 50 to 60 years.”
Following the compliance notice Adams closed the shop and applied for a rezoning.
“I was not allowed to operate the shop or church that has been here since 2006. When I purchased the shop from the previous shop owner he had been here for 20 years.”
More than three years later and the rezoning has still not been finalised.
“It impacted us because we had to close everything immediately because the inspectors came out to say we were in contravention of the bylaw.
“But the shop, right next door to me, in the exact same building and, in contravention of the same bylaw, is still open and operating.”
In a complaint, seen by People’s Post, sent to the City in 2022, Adams questioned why he was forced to close while his neighbour was allowed to operate.
“They paid a fine of R2 000, but that does not mean the shop can remain open. They received the same notice after I complained.
“I wrote emails to the City and complained because in terms of the zoning bylaw they are in the same boat as I am, so they should also be shut down and apply for the rezoning, but they are still open and operating today.
“Does that mean that the bylaw was written for me only?”
Adams says it is simply unfair treatment.
“There are thousands of households that have container businesses on their premises, violating this bylaw and, most importantly, the City is doing nothing about it.”
Responding to the claims, Deputy Mayor Eddie Andrews said the City cannot force anyone to stop operating.
“The City cannot force anyone to stop operating but takes action against the transgressors in terms of the Municipal Planning Bylaw (MPBL). In following due process, in terms of the MPBL, the City served Mr Adams with a notice and also, in terms of the MPBL, he had to pay an admission of guilt fine.”
Andrews further adds that the other operator was also issued with notices.
“The owner/operator has been taken to court and paid two admission of guilt fines thus the City enforces the MPBL equally, without fear or favour.”
Commenting on the rezoning of Adam’s shop, Andrews said the property is currently zoned as single residential and that the rezoning is currently in progress.
“The property is currently zoned single residential SR1 zone and does not allow for a shop to operate without permission from council.”
